According to two sources, three women from the US Department of Justice’s antitrust division are on the short list to fill a vacancy within the Federal Trade Commission. As the FTC’s five commissioners cannot be made up of more than three individuals from a political party, a Democratic slot remains as the result of Edith Ramirez’s recent promotion to chairwoman of the FTC. According to the sources, the most likely filler of that slot is Leslie Overton, currently a deputy assistant attorney general. Overton recently spoke at this spring’s American Bar Association antitrust meeting. Other possibilities to fill the vacancy include Terrell McSweeny, current chief counsel for competition policy within the antitrust division; Jamillia Ferris, current chief of staff within the antitrust division; and Melissa Maxman, who is current co-chair of Cozen O’Connor’s Antitrust Practice Group. Whoever fills the vacancy will help to decide several ongoing cases within the FTC, including the review of Office Depot’s proposed merger with OfficeMax. A fifth member must be appointed in order to avoid a deadline, 2-2 vote within the FTC, which would result in no action being taken.
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